Grewal v. Choudhury et al

Filing 193

ORDER SCHEDULING JUDGMENT DEBTOR EXAMINATION re 192 Proposed Order filed by Elizabeth Grewal. Signed by Judge James Larson on 11/20/08. (jlsec, COURT STAFF) (Filed on 11/20/2008)

Case 3:07-cv-04218-CRB

Document 192

Filed 11/14/2008

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E. Jeffrey Banchero (SBN 93077) ejb@kastnerbanchero. com Scott R. Raber (SBN 194924) srr@kastnerbanchero. com KASTNER I BANCHERO LLP 20 California Street, Seventh Floor San Francisco, California 94l I I Telephone: [phone] Facsimile: (415) 6 16-7000 Attorneys for PlaintifVJudgment Creditor ELIZABETH GREWAL

LTNITEDSTATESDISTRICT COURT NORTHERNDISTRICT OF CALIFORNIA ELIZABETH GREWAL, PIaintifflJudgmentCreditor,
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CASENO. C-07-4218CRB (JL) IPROPOSED] ORDER FOLLOWTNG JUDGMENT DEBTOR'S FAILURE TO APPEAR AT THE SCHEDULED JUDGMENT DEBTOR'S EXAMINATION ON NOVEMBER I2.2OO8

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AMIT CHOUDHURY, ll 18 19 20 2l 22
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Defendant/Judement Debtor. (Hon. JamesLarson, Magistrate Judge)

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[PROPOSED]ORDER FOLLOWING JUDGMENT DEBTOR'S FAILURE TO APPEARAT THE SCHEDULEDJUDGMENT DEBTOR'S EXAMINATION ON NOVEMBER I2.2OO8 CaseNo. C-07-4218CRB

Case 3:07-cv-04218-CRB

Document 192

Filed 11/14/2008

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WHEREAS, on October 10, 2008, this Couf issued an Order to Appear for Examination to Defendant and Judgment Debtor Amit Choudhury ("Choudhury"), commanding Choudhury to appear for a judgment debtor examination on October 29,2008; On October 13, 2008, Choudhury was served personally with the Order to Appear for Examination and with a Notice to Attend and Produce Documents at Debtor's Examination. dated October 13, 2008 (Att. A hereto); On October 27,2008, this Court, by order of Magistrate Judge JamesLarson, ordered that the judgment debtor examination be continued from October 29 to November 12,2008 at l0:30 4.M., at the United StatesDistrict Court, Northern District of California, 450 Golden Gate Avenue. San Francisco, Califo rnia 941 02; and On November 12,2008, Choudhury failed to appear for the judgment debtor examination, as

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CHOUDHURY HAVING FAILED TO APPEAR for the judgment debtor examination, the Court, on November 12,2008, conducted a hearing to addressthe non-appearance. E. Jeffrey

15 Banchero, of Kastner I Banchero LLP, appearedon behalf of Plaintiff and Judgment Creditor, t6
Elizabeth Grewal; Gregory Nuti, of SchnaderHarrison Segal & Lewis LLP, appearedon behalf of

17 Defendant and Judgment Debtor, Amit Choudhury; 18
NOW, the Court, having heard and considered arguments by counsel and the record in this

19 matter, and FOR GOOD CAUSE APPEARING, hereby ORDERS as follows: 20 2T 22
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As directed by the Court at the November 12,2008, hearing and in its minute entry of the same date (Doc. No. 188), Choudhury is required to submit to the Court no later than November 14, 2008, a declaration, executed under penalty of perjury, detailing his travel itinerary and whereabouts between November 12,2008, and December 16, 2008, for the purpose of resetting the judgment debtor examination.

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Choudhury shall appear for a judgment debtor examination on December 17, 2008 at l0:30 A.M. The examination shall take place at the United States District Court. Northern District of California, 450 Golden Gate Avenue, San Francisco, California 94102, in Room F on Floor 15.
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[PROP,]ORDER FOLLOWING JUDGM. DEBTOR'S FAILURE TO APPEARAT THE SCHEDULEDJUDGM. DEBTOR'S EXAM. CaseNo. C-07-4218CRB (JL)

Case 3:07-cv-04218-CRB

Document 192

Filed 11/14/2008

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Choudhuryshallproduce documents calledfor by theNotice to AttendandProduce Documents Debtor'sExamination, at datedOctober13,2008,on or before

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December 10, 2008

by causing documents be deliveredto theoffrcesof the to

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judgmentcreditor'scounsel. 4. is Until further orderof the Court,Choudhury forbidden,otherthanin the ordinary (a) courseof business from transfeningor assigning anythird-partyanyassets to that he owns,possesses, controls;and(b) from causingor permittingthe transferor or or assignmenof any assets t owned,possessed, controlledby entitiesin which Choudhury holdsan interestor controllinginterest,whetherin the United States, include,but arenot in Canadaor elsewhere the world. Suchprohibitedtransfers , Inc.; Pinnacle or of limited to, transfers any assets propertyof PinnacleParhrers, Inc.; Pinnacle Partners AG; Pinnacle Partners Systems, PartnersInc. (Canada); , Blue Licensing,GmbH;PinnaclePartners GreyLicensingGmbH; PinnaclePartners Partners CH, GmbH,whethersuch PinnaclePartners DE, GmbH;andPinnacle expense reimbursements, salaries, or as transfers characterized loanrepayments, are or is someotherkind of transfer. Choudhury further forbiddenfrom transferring between PinnaclePafners, of the or assigning settlement anyproceeds the settlement Inc. andAlante Corporation, which he identified during his testimonyat the trial of this matter(Trial Transcriptpp. 805:22- 808:14,Att. B hereto). IT IS SO ORDERED.

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November 20
Larson,Chief MagistrateJudge Hon. James

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APPROVE

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oleman SchnaderHanison Segal & Lewis LLP

CascNo. C-07-4218CRB (JL)

EXAM. JUDGM.DEBTOR'S AT FATLURE ÄPPEAR THE SCHEDULED TO DEBTOR',S JUDGM. [pRop.] oRDERFOLLOWINC